Markham v. Bezinque

1 Citing case

  1. Rora LLC v. 404 E. 79th St. Lender LLC

    630 B.R. 876 (E.D.N.Y. 2021)   Cited 7 times

    As to the first element, Appellant entered into a Settlement Stipulation consenting to a Judgment and therefore lost in State Court, and did not appeal in State Court. SeeConrad v. U.S. Bank Nat'l Ass'n , No. 19-CV-1720, 2020 WL 5258970, at *4 (D. Conn. Sept. 3, 2020) (concluding that the appellants lost in state court where "the state court entered a stipulated judgment of foreclosure by sale" and denied the appellants' motion to reopen the judgment); In re Williams , No. 18-44707, 2020 WL 3412775, at *26 (Bankr. E.D.N.Y. June 18, 2020) (concluding that the plaintiff "lost in state court when that court entered the judgment of foreclosure in the [f]oreclosure [a]ction" and "efforts to overturn that judgment were unsuccessful"); Markham v. Bezinque , No. 19-CV-6930, 2020 WL 3316104, at *4 (W.D.N.Y. June 18, 2020) (concluding that the plaintiff lost in state court when the court issued a judgment against him, "even though it was the product of a stipulation" (citing Wittich v. Wittich , No. 06-CV-1635, 2006 WL 3437407, at *3 (E.D.N.Y. Nov. 29, 2006) )); Encarnacion v. RMS Asset Mgmt. LLC , No. 17-CV-5299, 2018 WL 4572240, at *3 (S.D.N.Y. Sept. 24, 2018) (concluding that the plaintiff lost in housing court where she signed a settlement stipulation, which the state court declined to vacate); Thompson v. Donovan , No. 13-CV-2988, 2014 WL 5149037, at *11 (S.D.N.Y. Oct. 14, 2014) (concluding that a stipulation of settlement between landlord and tenant was a final judgment); Reyes v. Fairfield Props. , 661 F. Supp. 2d 249, 273 (E.D.N.Y. 2009) ("[F]or purposes of Rooker–Feldman